Collect money from a bank account
After you get a Writ of Execution, you can use it to ask that money be taken from the other side's bank account. This is called a bank levy.
About bank levies
There are limits to what the sheriff can take from a bank account
- Some kinds of deposits can't be taken (they're exempt), like Social Security or Supplemental Security Income. Exemptions From the Enforcement of Judgments (form EJ-155) has a complete list.
- Enough money to meet basic needs must be left in the account. The exact amount changes every year.
The bank will let you know if they can't take the money. The other side can also ask the court to stop the levy or take less money.
Bank levies are one time actions
The bank only takes out money one time for each levy. They do this when they get the levy. If you want to try to take money again you'll need to do another levy.
How to levy a bank account
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Get a Writ of Execution
You have to have a Writ of Execution or, if it's expired, you need to get a new one. A Writ of Execution tells the sheriff or a process server to send out the bank levy. You can't levy a bank account without one. The bank levy tells the bank to give the money to the sheriff for you. Writs expire after 180 days. After that, you'll need to get a new one.
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Find out which bank branch handles levies
Not all local banks process levy paperwork. Banks with 10 or more branches must choose a central place where they can be served forms. This is optional for banks with less than 10 branches.
- Find out which branch handles levies
- Figure out which county that bank branch is located in
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Contact the sheriff's office to see if they do levies
Usually, a sheriff (in a few counties, a marshal) will levy the money from the bank account. They are called the levying officer. If they don't, you may need to hire a professional process server.
Check with the sheriff's website or contact their office.
- Find out if they do bank levies.
- If so, ask if they have any forms to fill out or other steps you need to take. Usually, you need to write up instructions for them.
- Find out if they need copies of the Writ of Execution in addition to the original.
- Find out the cost. There's a set fee, usually around $40.00.
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Write up instructions
If the sheriff doesn't have a form, you'll need to write up your own instructions for the sheriff.
You have to give them details about how and where to collect the money, for example: name(s) on the account(s) and account numbers. This can be written or typed up like a letter.
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Decide when to have the sheriff give the Writ to the bank
A bank levy only takes money from the other side’s bank account when the bank is served. So you want the sheriff to serve the bank on a day you think there will be a lot of money in the account. For example, right after they’re paid or right before they pay rent.
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Deliver the Writ, instructions, and fee to the sheriff
Bring or mail to the sheriff:
- Original Writ of Execution
- Written instructions
- Fee
- Optional: Spousal Affidavit
- Optional: Certified Fictitious Business Name Statement
If you hired professional process server, they will do this.
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Wait for bank and other side to respond
After the sheriff serves the bank and the other side with levy paperwork, a few things may happen.
What the bank must do
The bank has to figure out if the money can't be taken (it's exempt).
- If the bank thinks the money is exempt, it will send the sheriff a written note saying why. The sheriff will send this to you.
- If the bank can take the money, the bank will send the money to the sheriff.
If the sheriff gets the money, it must wait before releasing it to you to see what the other side does.
What the other side can do
The other side gets 15 to 20 days (20 days if they got their notice in the mail) to say if they think money can't be taken (it's exempt).
- If they think the money is exempt, they send the sheriff a Claim of Exemption and a Financial Statement. This says why they think the money is protected and gives you information about their finances. The sheriff will send you a copy. If you agree, you don't need to do anything. The sheriff will return the money.
- If the other side doesn't respond after the deadlines passes, the sheriff will release the money to you. Contact the sheriff to find out how this happens.
Small claims
What's next?
- If you're still owed money, you can try to levy the bank account again or collect from the other side's paycheck if you know where they work.
- If you've spent money trying to collect, you can have these costs added to what's owed.
- If you're paid all that you're owed, you must let the court know.